Price, re [2002] NZLLA 76 (26 February 2002)

Last Updated: 19 February 2010

Decision No. PH 76/2002

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application by BRENDON ROBERT PRICE pursuant to s.118 of the Act for a General Manager’s Certificate

BEFORE THE LIQUOR LICENSING AUTHORITY

Chairman: District Court Judge E W Unwin
Member: Mr J C Crookston

HEARING at ROTORUA on 14 February 2002

APPEARANCES

Mr B R Price in person
Ms J A Smale – Rotorua District Licensing Agency Inspector – to assist
Sergeant M Morehu – NZ Police – to assist

ORAL DECISION OF THE AUTHORITY

[1] This is an application by Brendon Robert Price for a General Manager’s Certificate. We commence this judgment by reminding ourselves of the criteria to which we must have regard in considering the application. These criteria are listed in s.121 of the Act and they are:

"(a) The character and reputation of the applicant:

(b) Any convictions recorded against the applicant:

(c) Any experience, in particular recent experience, that the applicant has had in managing any premises or conveyance in respect of which a licence was in force:

(d) Any relevant training, in particular recent training, that the applicant has undertaken and any relevant qualifications that the applicant holds:

(e) Any matters dealt with in any report made under section 119."

[2] The matter has come before us because of reservations which were initially expressed both by the Police and the District Licensing Agency Inspector.

[3] In terms of experience, in particular recent experience, Mr Price has been employed at the "Casino Sports and Betting Bar" since 2 August 2001. The Secretary to the owner advised that he has coped well with all facets of the bar and that he has the responsibility of sole charge shifts. His employer has found him to be diligent and trustworthy, with a good relationship with patrons and other staff members.

[4] The bar manager of the premises has written a reference in which she said that she has found Mr Price to be a level-headed, honest and reliable young man who has achieved to the highest standard all goals and achievements set for him.

[5] In terms of training we have before us a number of certificates including a certificate to confirm that Mr Price has not only completed the Kiwi Host customer service training, but has also a certificate in competency from the New Zealand Liquor Licensing Training Centre Limited.

[6] The only issues of concern are his character, his reputation, and his prior convictions. For a period of some seven years, Mr Price was quite heavily involved in the drug sub-culture. His convictions commenced in 1993 with a simple possession charge. There were convictions in 1994 for similar charges including the possession of a Class B drug. Finally, he was convicted in November 1999 for the cultivation of cannabis. In December 2000 he was convicted of possession of cannabis for supply. We understand that this was a jury trial. The sentence was a term of imprisonment for six months which was suspended for one year.

[7] This is an unusual case because after the District Licensing Agency Inspector had spent about 45 minutes talking with Mr Price, she wrote what would be considered a very professional and quite illuminating report. She explained that Brendon was one of six boys whose mother died on his 9th birthday. His father was left to raise the family. He was an active alcoholic. It was in the Inspector's view, almost inevitable that the various events in that young life, and the trauma of the death of the mother, resulted in a rebellion by a young man. The rebellion is confirmed in the convictions which the Police have supplied.

[8] The Inspector then went on to say that in 1996/97 there was a significant change in Mr Price's life. He found somebody to share his life with. They are now married and have a young family. As a consequence of those events Mr Price not only gave up the drugs, but also now has full-time employment and a number of other personal achievements. According to Mr Price, the offending for which he was convicted in December 2000, occurred prior to his getting married.

[9] It has been acknowledged both by the Inspector and the Police that they understand and acknowledge the Authority's guidelines. Persons who apply for a General Manager’s Certificate, should be able to establish a five year criminal-free period.

[10] It is also acknowledged and understood by the District Licensing Agency Inspector and the Police that in the last few years, there has been a sustained effort to raise the standards of persons who hold manager's certificates. The law was altered in 1999 to ensure that managers assume the full responsibility for ensuring that licensed premises comply with the law and with the licence. It is generally felt that if general managers have integrity and good ethical standards, they are more likely to adopt and promote the object of the Act. The reduction of liquor abuse.

[11] As a consequence of the interview, and as a consequence of an apparent change of heart by the authorities, both the Inspector and the Sergeant have taken the view that they will leave it to this Authority to decide whether the application be granted. If there is opposition it is fair to say that it is muted.

[12] The Inspector has gone further in the latest report. She has suggested that now that the period of suspension is over, (that is the term of six months imprisonment which was suspended for 12 months), and now that Mr Price has had counselling for his involvement with the drug sub-culture, she would recommend that the Authority in this rather special case issue a General Manager’s Certificate.

[13] This Authority has no hesitation in adopting the above recommendation. Mr Price is now a certificated general manager.

DATED at WELLINGTON this 26th day of February 2002

Judge E W Unwin Mr J C Crookston
Chairman Member

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